Can an Employer ask for my 2 weeks notice before I deliver baby?

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Can an Employer ask for my 2 weeks notice before I deliver baby?

My company does not have FMLA and even if they did, I do not qualify since I have
only been at my job 5 months. Today, I was informed to provide my last day of
employment like a 2 week notice since I will be delivering in about 6 weeks.
Basically they are terminating me and I was informed that when I am ready to come
back to reapply and re interview for the position. Is this right?

Asked on November 7, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They can *ask* for you to provide notice, but they can't make you do this: notice, which is resigning, is voluntary.
If they terminate you because you will be having a baby, that is illegal sex-based discrimination. (It is considered sex-based discrimination since only women have babies; hence, it is discrimination against women.) They can terminate you as soon as you have an unauthorized absence (i.e. miss work without using FMLA leave or paid time off, like sick or vacation days, you earned), but they can't legally terminate you advance because you are pregnant or having a baby. If they do terminate you illegally, you could contact the federal EEOC to file a complaint.
Bear in mind that they would be under no obligation to rehire you after you lose your job for taking too much time off without using FMLA or PTO (assuming that you do this); IF you believe that they will rehire you afterwards, you may wish to consider cooperating with them. But that is your choice; as stated, they can't fire you in advance because you are having a baby, and they can't force you to give notice, so if you don't trust them to rehire you, there is no reason to do what they want.


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